`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/284,910
`
`09/15/2021
`
`Tae Seok PARK
`
`PK3454668
`
`1967
`
`NOVICK, KIM & LEE, PLLC, dba NKL Law
`3251 Blenheim Blvd
`SUITE 500
`FAIRFAX, VA 22030
`
`MCCARTHY, SAMANTHA SHAWN
`
`3772
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/09/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`docket0O1 @nkllaw.com
`docket02 @nkllaw.com
`skim @nkllaw.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Lj Claim(s)__ is/are rejected.
`() Claim(s)
`is/are objected to.
`Claim(s) 1-5 are subject to restriction and/or election requirement
`)
`* If any claims have been‘determined allowable, you may beeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)(C The specification is objected to by the Examiner.
`11)(¥j The drawing(s)filed on 15 September 2021 is/are: a)(¥| accepted or b)L) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240129
`
`Application No.
`Applicant(s)
`17/284,910
`PARK, Tae Seok
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`SAMANTHA S MCCARTHY
`3772
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 2 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 15 September 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Application/Control Number: 17/284,910
`Art Unit: 3772
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Election/Restrictions
`
`REQUIREMENT FOR UNITY OF INVENTION
`
`As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or
`
`to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of
`
`invention”). Where a group of inventions is claimed in a national stage application, the requirement of
`
`unity of invention shall be fulfilled only when thereis a technical relationship among those inventions
`
`involving one or more of the same or corresponding special technical features. The expression “special
`
`technical features” shall mean those technical features that define a contribution which each of the
`
`claimed inventions, considered as a whole, makes over the prior art.
`
`The determination whether a group of inventions is so linked as to form a single general
`
`inventive concept shall be made without regard to whether the inventions are claimed in separate
`
`claims or as alternatives within a single claim. See 37 CFR 1.475(e).
`
`When Claims Are Directed to Multiple Categories of Inventions:
`
`As provided in 37 CFR 1.475 (b), a national stage application containing claims to different
`
`categories of invention will be considered to have unity of invention if the claims are drawn only to one
`
`of the following combinations of categories:
`
`(1) A product and a process specially adapted for the manufacture of said product; or
`
`(2) A product and a processof use of said product; or
`
`(3) A product, a process specially adapted for the manufacture of the said product, and a use of
`
`the said product; or
`
`
`
`Application/Control Number: 17/284,910
`Art Unit: 3772
`
`Page 3
`
`(4) A process and an apparatus or means specifically designed for carrying out the said process;
`
`or
`
`(5) A product, a process specially adapted for the manufacture of the said product, and an
`
`apparatus or means specifically designed for carrying out the said process.
`
`Otherwise, unity of invention might not be present. See 37 CFR 1.475(c).
`
`Restriction is required under 35 U.S.C. 121 and 372.
`
`This application contains the following inventions or groups of inventions which are not so
`
`linked as to form a single general inventive concept under PCT Rule 13.1.
`
`This application contains claims directed to more than one species of the generic invention.
`
`These species are deemed to lack unity of invention because they are not so linked as to form a single
`
`general inventive concept under PCT Rule 13.1.
`
`The species are as follows:
`
`Species A: Dental Drill according to claim 1, encompassing a described distinct embodiment not
`
`requiring/including the features of claims 2-3.
`
`Species B: Drill according to claims 2-3;
`
`SpeciesC: Drill according to claim 5;
`
`Applicant is required, in reply to this action, to elect a single species to which the claims shall be
`
`restricted if no generic claim is finally held to be allowable. The reply must also identify the claims
`
`readable on the elected species, including any claims subsequently added. An argument that a claim is
`
`allowable or thatall claims are generic is considered non-responsive unless accompanied byan election.
`
`Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to
`
`additional species which are written in dependent form or otherwise require all the limitations of an
`
`allowed generic claim. Currently, the following claim(s) are generic: None.
`
`
`
`Application/Control Number: 17/284,910
`Art Unit: 3772
`
`Page 4
`
`The groupsof inventions listed above do not relate to a single general inventive concept under
`
`PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical
`
`featuresfor the following reasons:
`
`Regarding Species A-C, the species lack unity of invention because even though the inventions
`
`of these species require the technical feature of the limitations of a surgical drill for dental implant
`
`comprising: a cutting part having a plurality of cutting blades that comprise saw teeth and are aligned in
`
`a circular shape so as to perforate the alveolar bone; and a connecting part interposed between the
`
`handpiece and the cutting part, the saw teeth aligned in a circular shape at the upper end thereof, a
`
`cutting upper part extending downward from the saw teeth; a cutting lower part protruding downward
`
`from the cutting upper part with an expanded diameter; and a coupling part at least one or more
`
`protruding downwardly from the bottom surface of the cutting lower part, the connecting partis
`
`configured to include a coupling protrusion inserted into the internal space of the cutting part, a
`
`stepped part protruding downward from the bottom of the coupling protrusion with an expanded
`
`diameter, and constraining the insertion length of the coupling hole; and an extended part extendedly
`
`protruding from the bottom surface of the steppedpart so as to be connected to the handpiece, and the
`
`coupling hole included to pass therethrough in the same position as the coupling part. This technical
`
`feature is not a special technical feature as it does not make a contribution over the prior art in view of
`
`KR 20150003639. Reference KR teachesa surgical drill for dental implant (crushing blade 200 connected
`
`to connecting rod 100) comprising: a cutting part (crushing blade 200) having a plurality of cutting
`
`blades (cutting edge 220) that comprise saw teeth and are aligned in a circular shape so as to perforate
`
`the alveolar bone (cutting edge 200 is on the end of cylindrical crushing blade 200, therefore the cutting
`
`blades that form the cutting edge are circular; See KR Figure 1); and a connecting part interposed
`
`between the handpiece and the cutting part (rubber ring 130; See modified KR Figure 3), the saw teeth
`
`aligned in a circular shape at the upper end thereof (see modified KR Figure 3), a cutting upper part
`
`
`
`Application/Control Number: 17/284,910
`Art Unit: 3772
`
`Page 5
`
`extending downward from the saw teeth (See modified KR Figure 3); a cutting lower part protruding
`
`downward from the cutting upper part with an expanded diameter (See modified Figure 3); anda
`
`coupling part at least one or more protruding downwardly from the bottom surface of the cutting lower
`
`part, the connecting part is configured to include a coupling protrusion inserted into the internal space
`
`of the cutting part (thread 110, see modified KR Figure 3), a stepped part protruding downward from
`
`the bottom of the coupling protrusion with an expanded diameter (lower end of connecting rod 100
`
`with a larger diameter than the upper end of connecting rod 100, see KR modified Figure 3), and
`
`constraining the insertion length of the coupling hole; and an extended part extendedly protruding from
`
`the bottom surface of the stepped part so as to be connected to the handpiece (connecting rod 100),
`
`the coupling hole included to pass therethroughin the same position as the coupling part (See KR
`
`Figures 2-3). Therefore, these species do not share a special technical feature and therefore lack unity of
`
`invention a posteriori.
`
`commer tinered
`
`
`
`
`connecting
`SNe’,
`
`Modified KR 20150003639 Figure 3 to show the elementsof the claimed invention
`
`
`
`Application/Control Number: 17/284,910
`Art Unit: 3772
`
`Page 6
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to SAMANTHA SHAWN MCCARTHYwhose telephone numberis (703)756-4595. The
`
`examiner can normally be reached 7:30 am - 4:30 pm Monday-Thursday, 8:30 am - 4:30 pm Friday.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Cris
`
`Rodriguez can be reached on 571-272-4964. The fax phone numberfor the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov.Visit
`
`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/SAMANTHA SHAWN MCCARTHY/
`Examiner, Art Unit 3772
`/EDWARD MORAN/
`Primary Examiner, Art Unit 3772
`
`

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